Brendan Finucane QC. Barrister Profiles. Dubai. Manchester. London. New York. Abu Dhabi

Transcription

1 Barrister Profiles Brendan Finucane QC London Manchester Abu Dhabi New York Dubai Outer Temple Chambers The Outer Temple 222 Strand London WC2R 1BA T: +44 (0) F: +44 (0) E Fax: +44 (0) DX: LDE 351 (Chancery Lane St James s Building Oxford Street Manchester M1 6FQ T: +44 (0) Floor #5, Block B, Al Saman Towers Hamdan Street (Next Al Gaith Tower) T: Rockefeller Plaza 16th Floor New York NY United States T: +1 (212) Level 15 The Gate Building Dubai International Financial Centre Dubai, UAE T:

2 ii Contents Brendan Finucane QC... 1 Disciplinary & Regulatory... 1 Cases... 1 Medical Crime... 3 Cases... 3 Business Crime... 4 Fraud Cases... 4 Criminal Cases... 5 Transport... 6 Cases... 6 Appointments & Memberships... 6 Awards... 6 Recommendations... 6 Testimonials... 6

3 1 Brendan Finucane QC Year of call Silk Brendan Finucane QC has more than 35 years of advocacy experience in the fields in which he practices. With a background in common law he has extensive experience in very high level criminal work in addition to those areas in which he now predominantly practises, both in the UK and at international level. This work has taken him to the Court of Appeal with important reported cases. He is highly rated by the legal directories. Disciplinary & Regulatory Extensive experience in Professional and Disciplinary regulatory work. He has appeared in high profile, sensitive and complex cases before the General Medical Council, General Dental Council, at inquests, and crown court level, representing healthcare professionals. He has also advised the Medical Protection Society in relation to the redrafting of the GMC Rules, the British Osteopathic Association in relation to their Legislative Review of the Osteopaths Act 1993, and a major retailer as to the application of the provisions of the Opticians Act 1989 in relation to a proposal to sell spectacles online. He spoke at the Lexis Nexis Conference on Practising in Regulatory and Disciplinary Tribunals in July Cases GMC v Mr B Four week case defending Clinical Director, who then became Medical Director of a very large NHS Trust, in respect of allegations of mismanagement of a Consultant by not investigating allegations and concerns as to his practice, where the Consultant was later removed from NHS practice following a RCOG review. Parts of facts alleged in Heads of Charge found not proved at end of Prosecution case and all remaining facts alleged in Heads of Charge found not proved at end of fact finding stage. Dr C Previously convicted of sexual assault. Suspended by the GMC for nine months. Upon review when represented by Brendan Finucane he was permitted to return to practice with conditions with no further

4 2 review despite still having remaining 21 months of registration on the Sex Offenders Register. Dr A The doctor was alleged to have failed to administer antibiotics throughout his shift of duty to a patient suffering from cystic fibrosis who was seriously ill with septicaemia and subsequently died. No finding of impairment at GMC hearing. Dr K Inquest into the death of a young woman who had suffered pituitary gland removal and required urgent administration of hydrocortisone replacement therapy if suffering from illness and who was visited by her GP only some 12 hours before her death. No finding against the GP. Dr S Together with two other doctors alleged to have plagiarised a book in relation to Critical Appreciation Theory for the purposes of creating a substantial App about the same subject. Acquitted at fact finding stage at the GMC when all material heads of charge found not proved. Dr T Defending Consultant Obstetrician and Gynaecologist who admitted removing the wrong fallopian tube, which removed the possibility of natural conception, and who was in addition alleged to have made other errors of judgement in respect of other patients. All contested allegations found not proved at Stage 1 of GMC hearing. Sanction of conditions in respect of patient whose fallopian tube was incorrectly removed. Dr D Defending GP alleged by the PCT to have been aggressive, abusive or peremptory to a large number of patients. PCT sought his removal from the Performers List. After a three week hearing the doctor was made the subject of contingent removal and continued to practise. Dr H Doctor accused of dishonest personal prescribing on a very substantial scale by the use of names other than her own. Conditions imposed enabling her to return to work. GDC v Dr B Defence of very well known dentist in a five week hearing accused of very substantial fraud against the NHS in relation to the introduction of UDAs in 2006 where the dentist was acquitted in respect of all matters at the fact finding stage. GMC v Dr W

5 3 Fitness to Practice GMC case representing Dr Wnuk facing charges of dishonesty relating to completion of his Occupational Health Form and dishonesty in relating to prescribing and self prescribing. All allegations of dishonesty were found not proved, and the FTP found no misconduct, no impairment and declined to issue a warning. GMC v Dr O Representing Dr O in a 12 day Fitness to Practice Hearing at the GMC in October 2010, facing charges relating to a deficient examination and statements alleged to have potentially compromised a murder investigation, and to showing confidential photographs of a sexually abused child to persons unconnected with the criminal investigation, and of dishonesty. The Panel found that fitness to practise was impaired and although the GMC sought erasure the Panel imposed conditions, and the doctor has since returned to work. GMC v Dr K Successfully defended Dr K before the GMC who was charged with offences of dishonesty and abuse of a position of trust, in relation to twice having deliberately plagiarised the case study of another doctor, which he had used without her knowledge, for his course to obtain a further qualification in teaching. Although the facts were found proved, and the Panel concluded that there was impairment, the sanction was one of suspension for a period of six months. GMC v Dr C Representing a paediatric consultant in respect of strong s voicing his concerns as to the proper provision of treatment for children in his trust. Bristol Histopathology Inquiry Representing leading consultant histopathologist in relation to his evidence before the Inquiry. Medical Crime Brendan has a thriving practice defending health professionals charged with criminal offences in the Crown Court. He is well known for defending in complex serious sexual cases and in fraud. Cases R v Dr L A doctor charged with 40 counts of Indecent Assault and Sexual Assault between 1998 and 2009 on candidates undergoing medical examinations to join the ambulance and fire services. Acquitted of 30 counts, convicted of four, retrial of six. R v Dr D

6 4 Orthopaedic Surgeon who examined a young woman in his hospital clinic, and was then alleged to have very shortly afterwards further manually examined her groin and genitalia in her car in the car park, which he admitted getting into, and who was arrested after a very recent complaint, acquitted by a Jury at a Crown Court trial. R v Dr Collis Defence at the Old Bailey in a five week trial, and subsequent appeal to the Court of Appeal, of notorious GP accused of multiple indecent assaults on his pre pubescent female patients over a very prolonged period, together with indecent images of children on his computer and a recorded history of hundreds of visits to pre teen porn sites. Business Crime Brendan has extensive experience of fraud in all forms, from mortgage fraud to international racketeering, corruption, international tax evasion and very substantial MTIC frauds together with corporate and commercial fraud. He has advised the actuaries to a major Pension Fund, and acts in accountancy cases brought by professional bodies such as the CIMA (Chartered Institute of Management Accountants) at disciplinary tribunals. Fraud Cases R v Collins, Gosling, Laurie, Edwards & Lawson (2016) Defence of two of five defendants at Leeds Crown Court, leading the pre-eminent Road Transport law junior Tim Nesbitt, in four month trial of the biggest and most important prosecution by VOSA, of a Conspiracy to Defraud the Traffic Commissioners of the UK, in respect of HGV Operator Licences. After a three and a half day Summing Up all defendants were acquitted on all counts by unanimous verdicts in 6 hours. The Judge described the three silks before him as some of the finest advocates in England. Brendan has prosecuted and defended in many murder cases at the old Bailey where he is also authorised to sit as a Recorder. The State Prosecutor v Dr Ismail Advising former Minister of Development in Brunei in relation to his sentence for prolonged period of alleged corruption. R v Hylton-Potts, Whybrow & Esson Prosecution of substantial mortgage fraud involving a well known solicitor and property developer. R v Lady Aberdour Theft of 2.7 million from her employers. R v Lynch, Man & Man

7 5 Prosecution of passport officer for fraudulently processing in excess of 100 false passport applications. R v Samrai & Walker Fraud involving a barrister and solicitor relating to provision of manufactured documents to enable Hong Kong residents to obtain ILR in the UK. R v Grey Alias Joe Flynn, international fraudster causing serious damage to major British companies by providing false information to both sides in major takeover deals). R v Gorst Prosecution of substantial tax evasion in relation to businesses and property in the UK, France and Switzerland. R v Garnett & Garnett Prosecution of defendants relating to theft of cheque from the Bank of England. R v Jackman Prosecution of President of Northamptonshire Law Society for theft of more than 1 million from his client accounts and obtaining fraudulent loans from banks in a similar sum). Criminal Cases R v Gomez Hernandez (2015) Central Criminal Court Prosecution of the murder of a transsexual escort by her husband. R v Best & Ali (2015) Central Criminal Court Prosecution of the contract murder of a wife by Ali paying a drug user Best to commit it. Financial Services Regulatory Crime Brendan has acted for one of the most high profile alleged insider traders arrested by the FCA, and has been consulted to advise in relation to alleged government corruption in the Far East. He chaired the 2010 Lexis Nexis Conference on Financial Services, and the Lexis Nexis Conference on Financial Services Investigations and Enforcement in October He has advised in VAT tribunal cases regarding multi million pound Revenue and Customs investigations involving MTIC fraud. Chair of BDO seminar at Tate Britain on 4th December 2013 entitled Fraud in Art and the Art of Fraud.

8 6 Transport Cases R v Collins, Gosling, Laurie, Edwards & Lawson (2016) Defence of two of five defendants at Leeds Crown Court, leading the pre-eminent Road Transport law junior Tim Nesbitt, in four month trial of the biggest and most important prosecution by VOSA, of a Conspiracy to Defraud the Traffic Commissioners of the UK, in respect of HGV Operator Licences. After a three and a half day Summing Up all defendants were acquitted on all counts by unanimous verdicts in 6 hours. The Judge described the three silks before him as some of the finest advocates in England. Appointments & Memberships ARDL Lawyers for Liberty Executive Committee of Bar Human Rights Committee (Treasurer) ( ) Finance Committee & Scholarship Fund Appeal Committee of Middle Temple ( ) Awards Chairman Thames Valley Bar Mess ( ) Bencher of Middle Temple (2006) Queen s Counsel (2003) Recorder of the Crown Court (2000) Recommendations Testimonials Measured, logical and persuasive in front of the tribunals. Professional Discipline and Regulatory Law, Legal He fights to the death for his clients but is also well able to think outside the box to achieve a pragmatic

9 7 dispute resolution acceptable to all parties. Professional Discipline, Chambers & Partners 2016 He is incredibly charming and a very nice man. His delivery is very effective and you know you ll be well looked after. Professional Discipline, Chambers & Partners 2016 Totally unflappable, clever, persuasive and extremely likeable. Professional Discipline & Regulatory Law, Legal A brilliant advocate who is extremely bright, persuasive and invariably has mastery of the papers. Professional Discipline and Regulatory Law, Legal Brendan Finucane QC s methodical approach makes him the perfect silk to work with; he works phenomenally hard and leaves no stone unturned in defending his clients. Professional Discipline and Regulatory, Legal Brendan Finucane QC garners praise for his formidable grasp of the law and the excellent relationships he maintains with clients and instructing solicitors. Professional Discipline, Chambers & Partners 2012 Extremely personable, and is regarded as both formidable in court and excellent with the professionals he defends. Professional Discipline, Chambers & Partners 2011 Brendan Finucane QC is fantastic on medical cases. Professional Discipline and Regulatory, Legal He s very impressive and extremely well versed in what he does. He s like a secret weapon. Fraud: Criminal, Chambers & Partners 2011 London Manchester Abu Dhabi New York Dubai Outer Temple Chambers The Outer Temple 222 Strand London WC2R 1BA T: +44 (0) F: +44 (0) E Fax: +44 (0) DX: LDE 351 (Chancery Lane St James s Building Oxford Street Manchester M1 6FQ T: +44 (0) Floor #5, Block B, Al Saman Towers Hamdan Street (Next Al Gaith Tower) T: Rockefeller Plaza 16th Floor New York NY United States T: +1 (212) Level 15 The Gate Building Dubai International Financial Centre Dubai, UAE T: